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DOJ brings new charges against James Comey over alleged leak of classified national security information

The charges against Comey were filed on Oct. 5 in federal court in Washington, D.C. His lawyers quickly pushed back, challenging the legality of the case and asking the court to dismiss it.

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Joaquín Núñez
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Joaquín Núñez

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2 minutes read

The Department of Justice (DOJ) charged James Comey with allegedly disclosing confidential information related to national security in Oct. 2016, while he was director of the Federal Bureau of Investigation (FBI). This is the third indictment against Comey since Donald Trump returned to the presidency.

The indictment against Comey was filed on Oct. 5 in a federal court in Washington, D.C. The documents remained under seal until Monday, when they were made public.

According to The Associated Press, the DOJ resorted to an unusual procedure and filed a document known as "criminal information" directly with the court, detailing the charges against Comey, without first convening a grand jury. The government argues that this approach allows it to interrupt the statute of limitations for the alleged crime, which was committed nearly 10 years ago.

Comey's defense response

Comey's attorneys responded quickly to the charges. In a statement, they questioned the legality of the process and requested that the case be dismissed.

"The Government filed an ‘Information’ against Mr. Comey that was not approved by a judge nor issued by a grand jury. It purports to charge Mr. Comey with crimes that he did not commit. We are gratified that United States District Judge Trevor McFadden has ordered this matter unsealed. Mr. Comey will fight these charges vigorously and in the open," reads the statement, signed by attorneys Patrick Fitzgerald, Ephraim McDowell and Rebekah Donaleski.

The federal cases against Comey

In Sept. 2025, the former FBI director was charged with lying to Congress and obstructing a legislative proceeding. A judge dismissed the case in November, ruling that the prosecutor responsible for securing the indictment had been appointed unlawfully. The Department of Justice appealed the decision, and the case remains pending in court.

The second case was filed in April of this year. Comey was accused based on an Instagram post showing seashells arranged to form the numbers "86 47." In service industry slang, the term "86" means to expel, cancel, or get rid of something. Meanwhile, the number "47" identifies Trump as the 47th president of the United States.

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